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Articles Posted in Proposition 47

Proposition 47 went into effect on November 5, 2014. It drastically reduces felony cases to misdemeanors when requisite conditions are met. Essentially the proposition reduces the class for certain offenses and allows the offenses to be charged as misdemeanors whereas it would otherwise be a felony.

The purpose and goal behind Proposition 47 is to save funds and direct them towards more community enriching activities like education. Proposition 47 is not an automatic application to all cases, it is specific to each case. People who have previous criminal records, may not qualify. Especially those cases in which there are prior rape, gun or sexual offenses. The court will take all facts concerning a person’s previous criminal history as well as facts of the current case before determining if they will qualify for a reduction under Proposition 47.

In addition, Proposition 47 is retroactive. This means that if someone is currently serving a sentence for an offense that qualifies under Proposition 47, then their case can be reevaluated and a new sentence given.

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Proposition 47 was voted for on November 14, 2014, and was approved. The Proposition reduces the classification for certain non-serious and nonviolent property and drug crimes from a felony to a misdemeanor. This will apply to most offenses and defendants, unless the person being charged has prior offenses for rape, certain sexual offenses, and some gun offenses.

The offenses that will qualify for a reduction include the following:

  • Shoplifting, where the value of property stolen does not exceed $950
  • Grand theft, where the value of the stolen property does not exceed $950
  • Receiving stolen property, where the value of the property does not exceed $950
  • Forgery, where the value of forged check, bond or bill does not exceed $950
  • Fraud, where the value of the fraudulent check, draft or order does not exceed $950
  • Writing a bad check, where the value of the check does not exceed $950
  • Personal use of most illegal drugs

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